The court’s directions came during hearing on an application of Pachauri seeking modification of its earlier order to enter TERI office.
The court observed that right to livelihood is a fundamental right and cannot be suspended for an indefinite period but refrained from passing an order on Pachauri’s plea for entering TERI office because of the nature of allegations against him.
“Right of livelihood is a fundamental right of every citizen of this country. No person can be restrained from visiting the place of his work for an indefinite period…
“Considering the nature of allegations levelled against the accused and totality of the facts and circumstances of this case, this court postpones passing of any order on the application of accused till next date of hearing (July 17),” Additional Sessions Judge Raj Kumar Tripathi said.
The court noted that investigation in the case was progressing at a “snail’s pace” and during the arguments, the Investigating Officer (IO) has conceded that from March 21, no probe has been done till date.
The court also said that the IO may conclude the probe by the next date of hearing and examine material witnesses of the prosecution.
“If no substantive progress in respect of investigation in the case is made by the IO, this court shall be constrained to modify condition no. 4 (barring accused from entering TERI office).
“The accused cannot be restrained for an indefinite period from visiting the TERI premises for the purpose of earning his livelihood. List the matter for final disposal of the application of accused on July 17,” the court said.
PTI